Please read these terms carefully before using SmartSplitter.
Please read these Terms carefully. Section 22 contains a binding arbitration agreement and class action waiver that affect how disputes are resolved. You can opt out of arbitration within 30 days as explained in Section 22.
These Terms of Use ("Terms") are a legal agreement between you and SmartSplitter ("SmartSplitter," "we," "us," or "our") governing your use of the SmartSplitter mobile app, web app, guest payment pages, and related services (the "Service"). You accept these Terms when you create an account, check the box at sign-up, or pay or join a split through a SmartSplitter link. If you do not agree, do not use the Service.
Our Privacy Policy explains how we handle personal information and is part of these Terms. If you receive card payments, the Stripe agreements described in Section 6 also apply.
You agree to provide accurate information, keep it up to date, keep your login credentials and devices secure, and not share your account. You are responsible for activity on your account. We strongly recommend turning on two-factor authentication.
Tell us right away at support@smartsplitter.app if you believe your account was accessed without permission or a payment was made that you did not authorize. Report unauthorized payments or errors within 60 days of the date they first appear in your payment history so we and Stripe can investigate. We may ask for information to verify your identity before making changes to your account.
SmartSplitter is a tool for recording shared expenses, calculating who owes whom, and settling up. The balances you see are calculated from information that you and other members enter. Amounts owed are between the people involved, not between you and SmartSplitter. We do not guarantee that anyone will pay you, and we are not responsible for collecting debts between users.
SmartSplitter is not a bank, money transmitter, or financial institution, and does not hold your money. Card payments are processed by Stripe, Inc. ("Stripe"), a licensed payment processor, and money you receive is held in your Stripe account until it is paid out to you. We do not provide financial, legal, tax, or accounting advice.
6.1 Stripe agreements. Payment processing services for users who receive payments on SmartSplitter are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these Terms or continuing to operate as a payment recipient on SmartSplitter, you agree to be bound by the Stripe Services Agreement, as it may be modified by Stripe from time to time. As a condition of SmartSplitter enabling payment processing services through Stripe, you agree to provide SmartSplitter accurate and complete information about you, and you authorize SmartSplitter to share it and transaction information related to your use of the payment processing services provided by Stripe.
6.2 How payments work. When someone pays you by card, the charge is processed by Stripe, the fees in Section 7 are deducted, and the rest is credited to your Stripe account and paid out to your bank or debit card. If you receive payments, you appoint SmartSplitter and Stripe as your limited agents for the sole purpose of receiving payments made to you through the Service. A payment is considered received by you once Stripe successfully processes the charge, whether or not it has been paid out to your bank yet.
6.3 Permitted use. Card payments are only for settling personal shared expenses with people you know, such as roommates, friends, family, and travel companions. You may not use them to sell goods or services, run a business, pay or receive gambling or lottery proceeds, get cash advances, pay yourself (including through a second account), transfer money for someone you do not know, or for any purpose Stripe prohibits. We may block or reverse payments that we reasonably believe break these rules.
6.4 Payouts. Standard payouts to your bank are free and usually arrive about 2 business days after a payment. For your first 7 days after setting up payouts, money you receive is held for 7 days before it is paid out; this happens once. Instant payouts to an eligible debit card become available 7 days after you set up payouts and cost the fee shown in Section 7. Stripe or we may delay or hold payouts when reasonably needed to prevent fraud, investigate a dispute, or comply with law.
6.5 Limits. To prevent fraud, card payments are currently limited to $1,000 per payment and $2,500 received by any one person in any 7-day period. We may change limits, apply different limits to particular accounts, or decline payments to manage risk.
6.6 Refunds. A recipient may refund a card payment while the money is still in their Stripe balance. The payer receives the payment amount minus the processing and service fees, which are not refundable. Once money has been paid out to the recipient's bank, it cannot be refunded by card; the people involved should settle the refund another way and record it in the app.
6.7 Disputes, chargebacks, and reversals. If a payer disputes a payment with their card issuer, reports it as unauthorized, or a payment is reversed for any reason, we and Stripe may (a) reverse the corresponding amount from the recipient's Stripe balance, (b) pause the recipient's ability to receive card payments and payouts while the matter is reviewed, and (c) recover from the recipient the disputed amount, any related fees, and any negative balance, including by deducting it from future payments to them. Recipients are responsible for amounts reversed because of disputes on payments they received. If you have a problem with a payment, please contact the other person and us before disputing it with your bank; filing a dispute you know to be false violates these Terms.
6.8 Taxes. You are responsible for any taxes on payments you send or receive. Reimbursements of shared personal expenses generally are not income, but Stripe or SmartSplitter may be required to collect your taxpayer information and to report payments to tax authorities (for example, on IRS Form 1099-K) when legal thresholds are met. Ask a tax professional if you have questions.
6.9 Guest payers. If you pay through a SmartSplitter link without an account, these Terms (including Sections 6, 7, 18 to 22) apply to that payment. Your card details are entered into Stripe and never stored by SmartSplitter.
Using SmartSplitter to track expenses and record payments made outside the app is free. Card payments and instant payouts have these fees. You will always see the amount you will pay, or receive, before you confirm.
We may change fees. We will give you at least 30 days' notice before a fee increase applies to you, and the current fee is always shown before you confirm a payment or payout.
SmartSplitter Premium is an optional, auto-renewing subscription purchased through the Apple App Store. Payment is charged to your Apple ID account when you confirm the purchase. Your subscription renews automatically at the then-current price for the same period unless you turn off auto-renew at least 24 hours before the end of the current period. You can manage or cancel your subscription in your Apple ID account settings; cancellation takes effect at the end of the current period, and you keep Premium until then. If a free trial is offered, any unused part of it ends when you buy a subscription, and you will be charged when the trial ends unless you cancel at least 24 hours before. Refunds are handled by Apple under its policies. Promotional or complimentary access we grant has no cash value and may be ended as described in the offer.
Promo codes and referral rewards are subject to the limits we describe when they are offered (for example, a maximum number of redemptions or rewards per person and a time window to qualify). They have no cash value, cannot be sold or transferred, and are void where prohibited. We may end or change a promotion at any time, and we may cancel rewards obtained through fake accounts, self-referrals, or other abuse.
Receipt scanning may read your photo on your device or, for AI-powered scanning, send the image to our AI provider to extract items and totals, as described in our Privacy Policy. Automated results can be wrong or incomplete. You are responsible for reviewing items, amounts, tax, and tip before saving or sharing a split. Do not upload images containing information you do not want processed, such as full card numbers.
You may delete your account at any time in Settings. Deleting your account does not cancel any amount you owe or are owed. If you have unsettled balances, we will show them to you and ask you to confirm before deleting. Afterward, the balances and the expense and payment history they come from remain visible to the other members of those groups, shown under your first name and last initial, so they can keep track of them and record payments. We will tell the other people involved that you left with a balance. You may not delete your account while a payment dispute involving you is open. Records we keep after deletion are described in our Privacy Policy.
You agree that we may provide notices, disclosures, receipts, and other communications electronically, by email, push notification, in-app message, or on our website, and that these satisfy any requirement that they be in writing. If you add a phone number for two-factor authentication or account security, you agree to receive automated text messages with one-time codes and security alerts at that number. Message frequency varies; message and data rates may apply. Reply STOP to stop or HELP for help; stopping texts may disable SMS sign-in codes. We only send marketing messages if you opt in, and you can opt out at any time.
You agree not to:
You keep ownership of what you add to the Service, such as expenses, notes, photos, and receipts ("Your Content"). You give us a non-exclusive, worldwide, royalty-free license to host, store, process, display, and share Your Content as needed to operate and improve the Service, including showing it to the members of groups and splits you share it with. You are responsible for Your Content and confirm you have the right to share it. We may remove content that violates these Terms. If you send us feedback or ideas, we may use them without obligation to you.
The Service relies on providers including Google Firebase (hosting, database, authentication, analytics, crash reports, notifications), Stripe (card payments and payouts), Apple (Sign in with Apple and subscriptions), Google Sign-In, Twilio (text messages), Resend (email), OpenAI (AI receipt scanning), and, where available, Plaid (optional bank connections). Your use of their features may also be subject to their terms. We are not responsible for third-party services we do not control, and links to them are not endorsements.
Where available, you may connect a bank account through Plaid Technologies, Inc. to view balances and transactions. You enter your bank credentials directly into Plaid; we never receive them. By connecting, you agree to Plaid's End User Privacy Policy. You can disconnect at any time in Settings. Bank data is shown for convenience and may be delayed or incomplete.
The Service and its software, design, text, graphics, and logos belong to SmartSplitter or its licensors and are protected by law. We give you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use under these Terms. We reserve all rights not expressly granted.
We may suspend or limit your account, block or reverse payments, or terminate your access if we reasonably believe you have violated these Terms or the law, your account poses a security, fraud, or credit risk to you, other users, Stripe, or us, or we are required to by law or by our payment partners. Where appropriate and legally permitted we will tell you why and how to contact us. You may stop using the Service at any time. Sections that by their nature should survive, including Sections 4 to 7 (for amounts owed and fees), 11, 14, and 19 to 25, survive termination.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT CALCULATIONS, AI RESULTS, OR BANK DATA WILL BE ACCURATE, OR THAT OTHER USERS WILL PAY WHAT THEY OWE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, SMARTSPLITTER AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE, INCLUDING DISPUTES BETWEEN USERS, AMOUNTS OTHER USERS FAIL TO PAY, RELIANCE ON CALCULATIONS OR AI RESULTS, OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT THAT WAS NOT CAUSED BY OUR FAILURE TO USE REASONABLE SECURITY.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID TO SMARTSPLITTER IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) $100. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, AND DO NOT LIMIT A PAYMENT RECIPIENT'S RIGHT TO MONEY ACTUALLY HELD FOR THEM IN THEIR STRIPE ACCOUNT.
To the extent permitted by law, you agree to defend, indemnify, and hold harmless SmartSplitter and its owners, officers, employees, and agents from third-party claims, losses, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or the law, your misuse of the Service, Your Content, or payments you make or receive that you were not authorized to make or that violate Section 6.3. This does not apply to the extent a claim was caused by our own negligence or misconduct.
22.1 Talk to us first. Before starting arbitration or a lawsuit, you and we agree to try to resolve the dispute informally. Send a written notice describing the dispute and the relief you want to legal@smartsplitter.app (we will send ours to the email on your account). If it is not resolved within 60 days, either side may start a proceeding. Time limits for bringing claims are paused during this period.
22.2 Agreement to arbitrate. Except as described below, you and SmartSplitter agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs this Section. The arbitrator decides all issues, including the scope, enforceability, and arbitrability of this Section, except that a court decides issues about Section 22.4 (class waiver) and Section 22.6 (mass filings). Hearings may be held by video, by phone, or in the county where you live. We will pay AAA filing and arbitrator fees for consumer claims above any amount the AAA rules require you to pay, unless the arbitrator finds your claim frivolous. The arbitrator may award the same individual relief a court could.
22.3 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) ask a court for an injunction to stop infringement or misuse of intellectual property or unauthorized access to the Service.
22.4 Class action waiver. YOU AND SMARTSPLITTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable for a claim, that claim (and only that claim) must be severed and brought in court, and the remaining claims arbitrated. A request for public injunctive relief that a court finds cannot be waived will be decided by a court after the individual arbitration is complete.
22.5 Jury trial waiver. To the extent a Dispute proceeds in court rather than arbitration, YOU AND SMARTSPLITTER WAIVE ANY RIGHT TO A JURY TRIAL.
22.6 Mass filings. If 25 or more similar arbitration demands are filed against us by or with the help of the same law firm or organization, they will be administered in batches of up to 50 under the AAA's Mass Arbitration Supplementary Rules, and the statute of limitations for any later-batched claim is paused until its batch is filed.
22.7 Opting out. You may opt out of this arbitration agreement by emailing legal@smartsplitter.app within 30 days after you first accept these Terms, with your name, the email on your account, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.
22.8 Changes. If we change this Section, the change will not apply to a Dispute you notified us about before the change, and you may reject the change by emailing us within 30 days of it.
These Terms are governed by the Federal Arbitration Act and the laws of the State of Delaware, without regard to conflict-of-law rules, except that the consumer protection laws of the state where you live still apply to you where they cannot be waived. Any Dispute not subject to arbitration will be brought only in the state or federal courts located in Delaware or in the county where you live, and both parties consent to personal jurisdiction there.
If you downloaded the app from the Apple App Store: (a) these Terms are between you and SmartSplitter, not Apple, and SmartSplitter, not Apple, is responsible for the app and its content; (b) your license is limited to using the app on Apple-branded devices you own or control as permitted by the App Store Usage Rules; (c) Apple has no obligation to provide maintenance or support; (d) if the app fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any), and Apple has no other warranty obligation; (e) Apple is not responsible for any claims relating to the app, including product liability, legal or regulatory compliance, or consumer protection claims; (f) Apple is not responsible for third-party claims that the app infringes intellectual property; (g) you represent that you are not located in a country subject to a U.S. government embargo or designated as "terrorist supporting," and are not on any U.S. government list of prohibited or restricted parties; and (h) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Changes. We may update these Terms. For material changes we will notify you by email or in the app at least 14 days before they take effect (or sooner if a change is required by law or to address fraud or security). If you keep using the Service after changes take effect, you accept them; if you do not agree, stop using the Service and you may delete your account.
General. These Terms, the Privacy Policy, and any terms shown to you for a specific feature are the entire agreement between you and us about the Service. If a provision is unenforceable, it will be enforced to the maximum extent possible and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets, or to an affiliate. We are not liable for delays or failures caused by events beyond our reasonable control. Headings are for convenience only, and "including" means "including without limitation."